1 2025:CGHC:12425 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 924 of 2025 Shailendra Kumar Soni S/o Shri Pyare Lal Soni Aged About 39 Years R/o Bazarpara Baloda, Police Station And Tahsil Baloda, District Janjgir Champa, Chhattisgarh. ... Petitioner(s) versus Ramnaresh Upadhyay S/o Late Shri Narmada Prasad Aged About 62 Years R/o Village Ward No. 07, Chandaniyapara Janjgir, Police Station And Tahsil Janjgir, District Janjgir-Champa, Chhattisgarh.. --- Respondent For Petitioner : Mr. Mayank Kumar, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 12/03/2025 1. The instant petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed against the order Annexure P/1 dated 10/02/2025 passed by the learned Session Judge, Janjgir, District - Janjgir Champa, Chhattisgarh in MJC No.9/25, whereby bail was granted to the petitioner/accused on a condition that he shall deposit 20% of the fine amount. 2. Learned counsel for the petitioner would submit that imposition of condition for depositing 20% of the fine amount is illegal as per the law laid down by the Apex Court, therefore, the said condition of depositing 20% fine amount may be waived. 2 3. I have heard learned counsel for the petitioner and perused the record with utmost circumspection and found that the learned Session Court has imposed monetary condition of payment of 20% of the fine amount for suspension of sentence, whereas as per the provisions of Section 148 of the Negotiable Instruments Act, 1881, imposition of such condition is not mandatory, therefore, I am inclined to allow this petition. 4. Accordingly, the condition imposed by learned Session Court for payment of 20% of the fine amount is set aside. However, the respondent is at liberty to file application before the Session Court under Section 148 of the N.I. Act, 1881 and on such application being filed, the Session Court after giving opportunity of hearing to the parties, shall decide the application by a speaking and reasoned order and shall decide the same in accordance with law. 5. Accordingly, the instant petition stands allowed to the extent indicated above. Consequently, all the pending interlocutory applications, if any, also stand disposed of. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-